also denies the allegation about
undue influence and coercion.
The defendant's case about the compromise is this. He
admits that the family ... every pice to himself."
We will deal with the case of coercion first. It will be
seen that the plaintiffs' case regarding that
better established
than any other, it is that in cases of fraud,
undue influence and coercion, the parties
pleading it must set forth full particulars ... attempt was made to rest the right to relief
on a case of coercion in the Courts below and in this Court.
The first part
some coercion, it could not be said to be a case of
established coercion. Three criminal complaints were filed, but
the appellants did not pursue ... rule of pleadings that in order to
make out a case of fraud or coercion there must be a) an
express allegation of coercion
about threat
and coercion of the appellants-Management and that the
workmen never intended to take the VSS. No doubt, the case
of appellants ... again a case arose under Section 33 of the Act and is,
therefore, close to the facts of the case before us.
Respondent/ employee complained
first two Respondents; therefore, it cannot be a ground for alleging
coercion against all WPDs; (b) the allegations by the said two Respondents
were vague ... coercion or
duress. The observations of this court in this regard are pertinent in this regard
and are extracted below:
“39. [..] In the present case
court. It is, therefore,
not a case whether the respondent's assertion of "under influence
or coercion" can be said to have ... claim certificate.
24. We thus find that the cases referred fall under two categories.
The cases relied on by the appellant are of one category
shift to the
respondents. They have to establish their case of undue influence or coercion. Then
the onus would shift to the appellants to remove ... above and assuming the worst against the appellants, no case of undue
influence, coercion or fraud is made out to negate the Will. The mere
there was no substance in the allegations of
coercion/undue influence. In the second category of cases, the
Court found some substance in the contention ... such a case is not
voluntary but under duress, compulsion and coercion.
The coercion is subtle, but very much real. The
“accord
Cases involving grant of authority by the
court after enquiry, as for example, suits for grant
of probate or letters of administration.
(iv) Cases involving ... specific
allegations of fraud, fabrication of documents,
forgery, impersonation, coercion, etc.
(v) Cases requiring protection of courts, as for
example, claims against minors, deities
full and
final settlement. In such a case, the discharge is under
economic duress on account of coercion employed by the
employer. Obviously, the discharge ... accord and satisfaction in such a case is not voluntary but
under duress, compulsion and coercion. The coercion is
subtle, but very much real
